The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 715
PROPERTY: GENERAL PROVISIONS

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F.S. 715.11

715.11 Nonliability of landlord after disposition of property.—

(1) Notwithstanding the provisions of s. 715.101, after the landlord releases to the former tenant property which remains on the premises after a tenancy is terminated, the landlord is not liable with respect to that property to any person.

(2) After the landlord releases property pursuant to s. 715.108 to a person who is not the former tenant and who is reasonably believed by the landlord to be the owner of the property, the landlord is not liable with respect to that property to:

(a) Any person to whom notice was given pursuant to s. 715.104; or

(b) Any person to whom notice was not given pursuant to s. 715.104 unless such person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of such person.

(3) Where property is disposed of pursuant to s. 715.109, the landlord is not liable with respect to that property to:

(a) Any person to whom notice was given pursuant to s. 715.104; or

(b) Any person to whom notice was not given pursuant to s. 715.104 unless such person proves that, prior to disposing of the property pursuant to s. 715.109, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of such person.

History.—s. 11, ch. 83-151.

F.S. 715.11 on Google Scholar

F.S. 715.11 on Casetext

Amendments to 715.11

Arrestable Offenses / Crimes under Fla. Stat. 715.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 715.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. SEYMOUR d b a v. P. ADAMS D., 638 So. 2d 1044 (Fla. Dist. Ct. App. 1994)

. . . the Landlord elects to take possession of said personal property pursuant to F.S. 715.10 through F.S. 715.11 . . . notice may describe all or a portion of the property, but the limitation of liability provided by s. 715.11 . . .

VIRGINIA SURFACE MINING AND RECLAMATION ASSOCIATION, INC. v. D. ANDRUS, U. S., 483 F. Supp. 425 (W.D. Va. 1980)

. . . . §§ 715.11-716.7. . . .

CONSOLIDATED GAS CO. OF NEW YORK v. PRENDERGAST, 6 F.2d 243 (S.D.N.Y. 1925)

. . . tangible property owned by the plaintiff and used by it in its gas business at least the sum of $110,398,-715.11 . . .